Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.
New York Supreme Court
Appeal by the John A. Boebling’s Sons Company from a special term order, denying the prayer of the petition of said company to set aside the sale made under the decree of foreclosure herein. The following is the opinion at special term denying the petition:
1Opinion of the Court
“ Lawrence, J.
It is conceded in the petition filed by John A. Boebling’s Sons Company, that the petitioner, immediately after the sale, and within about a week after the 7th of August, 1885, knew of the agreement of that date, and that Stokes repudiated the obligations alleged to have been assumed by him under the reorganization agreement, upon which the petitioner alleges-that it relies, and that upon learning that fact it commenced an action in this court against Stokes, the United Lines Telegraph Company and Townsend and others, the reorganization committee, in which suit the plaintiff…
2Cases cited2 opinions
- Depew v. C. B. DeweyNew York Supreme Court · 1874
- Lockwood v. McGuireNew York Supreme Court · 1879
3Cited by1 opinion
- Fowler v. Bowery Savings BankNew York Court of Appeals · 1889